Case T-380/07: Order of the Court of First Instance of 6 October 2008 — Kaloudis v OHIM — Fédération française de tennis (RolandGarros SPORTSWEAR) (Community trade mark — Opposition proceedings — Application for Community figurative mark RolandGarros SPORTSWEAR — Previous national word mark Roland Garros — Late payment of the appeal fees — Decision of the Board of Appeal deeming the action to be unfounded)
Date: 2008-10-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, trade-mark law

C 313/34

EN

Official Journal of the European Union

6.12.2008

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and V. Joris, Agents, and D. Waelbroek,
lawyer)

concerning opposition proceedings between the Fédération fran-
çaise de tennis (FFT) and Mr Dimitrios Kaloudis.

Re:

First, annulment of the Commission decisions not to award the
applicant any priority points under the 2003 promotion proce-
dure; to reject his appeal to the Promotions Committee seeking
the award of priority points of any description; and to refuse to
award priority points for work in the interest of the institution
and, second, a claim for damages.

Operative part of the order

The Court:

1. Dismisses the action is as being in part manifestly lacking any

foundation in law and in part manifestly inadmissible.

2. Orders Mr Dimitrios Kaloudis to pay the costs.

Operative part of the order

(1) OJ C 283, 24.11.2007.

1. The action is dismissed as inadmissible.

2. Each party is ordered to bear its own costs.

(1) OJ C 82, 2.4.2005.

Action brought on 10 September 2008 — Murnauer
Markenvertrieb v OHIM — Fitne Gesundheit und Wellness
(Notfall Bonbons)

(Case T-372/08)

(2008/C 313/62)

Order of the Court of First Instance of 6 October 2008 —
Kaloudis v OHIM — Fédération française de tennis
(RolandGarros SPORTSWEAR)

Language in which the application was lodged: German

(Case T-380/07) (1)

Parties

for Community

(Community trade mark — Opposition proceedings — Appli-
cation
figurative mark RolandGarros
SPORTSWEAR — Previous national word mark Roland
Garros — Late payment of the appeal fees — Decision of the
Board of Appeal deeming the action to be unfounded)

(2008/C 313/61)

Language of the case: French

Parties

Applicant: Dimitrios Kaloudis (Dassia, Greece) (represented by:
G. Kaloudis, lawyer)

Defendant: Office for Harmonisation in the Internal Market
Folliard-
(Trade Marks
Monguiral, acting as Agent)

(represented by: A.

and Designs)

Applicant: Murnauer Markenvertrieb GmbH (Trebur, Germany)
(represented by: H. Daniel and O.I. Haleen, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
Fitne Gesundheits- und Wellness GmbH (Salzhemmendorf,
Germany)

Form of order sought

— Annul the decision of the Board of Appeal of OHIM of

10 July 2008 in Case R 909/2007-1;

— order the defendant to pay the costs.

Other party to the proceedings before the Board of Appeal of OHIM,
intervening before the Court of First Instance: Fédération française de
(represented by: F. Fajgenbaum,
tennis (FFT)
lawyer)

(Paris, France)

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of
invalidity has been sought: Word mark ‘Notfall Bonbons’ for goods
in classes 5 and 30 (Community trade mark No 3 563 251)

Re:

Proprietor of the Community trade mark: The applicant

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 19 July 2007 (Case R 876/2006-4)

Applicant for the declaration of invalidity: Fitne Gesundheits- und
Wellness GmbH